Unpaid Performance Bonus and No leave encashment
2 years ago
Hello Sir,
I was communicated on 12th of July 2021 that my salary has been updated and the firm will be paying me 2.6 lakh worth performance bonus along with the salary of Sept month. I put down my resignation on 14th July 2021 with my last working day being 1st Oct 2021.
I served 80 days out of the 90 days in my Notice period and I got a approval from my manager to deduct the 10 days from my 30 earned leaves.
The salary for the month of Sept was supposed to be disbursed on 1st Oct, On 1st Oct I received my Salary but I did not receive the bonus which was promised on 12th of July.
When I contacted the HR she told me that according to company's policy the employee should not be on notice period on the day of disbursement of Bonus, I had no access to this compensation policy document where I could get this information. Usually bonuses are paid out for the effort of the previous year and I was hence expecting to get this bonus.
I told the HR this and she said that on the letter issued on 12th July there was a mention of disbursement of Bonus as per company's compensation policy will be done, hence I am not liable to get it.
Ky question here is that is my company legally allowed to not payout bonuses which are due for the previous year and can they keep such important policy documents out of our reach.
My second issue was regarding my leave balance like I already mentioned I choose to exaust 10 earned leaves for shortening my notice period. Now I am told that the rest 20 leaves are also lapsed as the company does not have a leave encashment policy.
Can the company do this? Can they just lapse my leaves without compensating me for it?
You may file a complaint with the Labor Commissioner's office under the Industrial Disputes Act of 1947, Section 12.
Hope this helps. Do let us know if you require any further clarification.
Thank you!
A.Dear Sir,
You may raise the issue with the office of Labor Commissioner as per following rule of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
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